AMY BOYD LLC - TERMS OF USE

Last Modified: July 25, 2019

The following terms and conditions, together with any other legal agreements we reference (collectively the “Agreement” or “Terms of Use”), govern your access to and use of our website, services, features, content, and applications offered by Amy Boyd LLC and found at www.amysboyd.com (collectively the "Website” or “Services”). Throughout this Agreement, we use the terms “we”, “us”, “our”, or the “Company” to refer to Amy Boyd LLC. We refer to any person accessing or using this website as “you” or the “User.” Before using any of our Services, you are required to read, understand, and agree to these Terms of Use. The column on the right provides a short explanation of the Terms of Use that appear in the left column. This information is provided for your convenience only and, as such, is not legally binding.

 

ACCEPTANCE OF THE TERMS OF USE:

Please read these Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Use, or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

BASICALLY,

By using www.amysboyd.com, you agree to all of the terms below. The Website is only intended to be used by people 18 years of age or older.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY:

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your Internet connection are aware of these Terms of Use and comply with them.

BASICALLY,

From time to time, we update or change parts of our Website. During these periods you may not be able to access these areas or the Website as a whole. You agree that you will not hold us liable for your inability to access the Website during these periods.

INTELLECTUAL PROPERTY RIGHTS:

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof (collectively the “Content”)), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use grant you a limited, revocable, non-transferable, and non-exclusive license to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

  • Modify copies of any materials from this Website.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
  • Decompile, reverse engineer, reverse assemble, decipher, or otherwise attempt to discover any programming code or any source code used in or with the Content, or otherwise distribute in any way the Content other than as specifically permitted in this Agreement.

You must not access or use for any commercial purposes any part of the Website or any Services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: hello@amysboyd.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any Content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

BASICALLY,

We worked hard to create the Website and its content that you’re viewing right now and, thus, it is protected by various intellectual property laws. You agree not to steal our hard work and pass it off as your own.

EMAIL CORRESPONDENCE:

Emails sent to any @amysboyd.com email address are considered our property. You can read more about this in our Privacy Policy. If you wish to remain anonymous, please specify this in the body of the email itself and we will do our best to respect your wishes.

BASICALLY,

If you contact us, we can do what we wish with the correspondence unless you tell us that you would like the correspondence to be kept confidential/anonymous.

TRADEMARKS:

The Company name, the Company logo and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company, except in a manner constituting “fair use.” All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

BASICALLY,

We own trademark rights in our name and our logo. You agree not to use the name or logo without our permission. Other brand names/logos that appear on our Website are owned by third-party companies.

PROHIBITED USES:

You may use the Website and our Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website and/or our Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To transmit or procure the sending of any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter" or "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

BASICALLY,

You agree to not use our Website for illegal or disruptive purposes. If you’re curious as to what these forbidden illegal or disruptive purposes are, you can read about them to the left.

COOPERATION WITH LAW ENFORCEMENT
AND REGULATORY BODIES:

We have the right to fully cooperate with any law enforcement authorities, regulatory agencies, or court order requesting or directing us to disclose the identity or other information of anyone sharing information with us through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND/OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

BASICALLY,

If you do something illegal or questionably legal and we receive a request from (a) law enforcement and/or (b) a court to disclose your personal information, we have the right to do so and you agree not to hold us liable for doing so.

IMAGES, VIDEOS, AND ARTICLES:

We may display images, articles, audio, and video (the “Material”) on the Website from time to time. The types of Material users are authorized to access on the Website includes Material commissioned by the Company, embedded Material, Material we believe to be covered by the Fair Use Doctrine, Material from photographic archive and video vendors, and Material supplied to our staff or released into the public domain by public relations and marketing companies for press purposes.

BASICALLY,

We want to make our Website look nice and be informative. For everything we post, we either own or license the rights to do so or we are doing so under the belief that it is permitted under Fair Use.

COPYRIGHT NOTICES — DMCA REQUESTS:

In accordance with the Digital Millennium Copyright Act (“DMCA”), we will remove any Content if properly notified that such Content infringes on your intellectual property rights. We reserve the right, at our sole discretion, to remove any Content without prior notice.

If we publish or are hosting Content that you think infringes your copyright, please email us at hello@amysboyd.com and we will address your concerns.

If the Content falls into one of the categories listed above under IMAGES, VIDEOS, AND ARTICLES, we believe that our use is legitimate and we may not remove it from the site. If you have corresponded with the Company directly and thereafter choose to pursue a copyright notice, please note that we will respond only to notices of alleged infringement that comply with the DMCA. The text of the DMCA can be found at the U.S. Copyright Office Website.

To file a notice of infringement with us, you must provide a written communication by email to hello@amysboyd.com with an attached and signed PDF that sets forth the items specified below. If we do not respond in 10 business days, please write again – high email volume and spam means we sometimes miss emails.

To enable us to address your concerns quickly and efficiently, please provide the following information in your notice email:

  • For each alleged infringement that you wish to have removed, please provide the exact URL for the page containing the Material. Provide information reasonably sufficient to permit us to contact you - an email address and/or telephone number is preferred.
  • For images, provide the following to substantiate your claim to ownership of the copyright in the allegedly infringing image:
  • Proof of copyright in the image concerned, namely proof of copyright registration of the image, or, absent such registration, a detailed description of the image – where it was taken, by whom, who or what the subject of the image is, and evidence to support your claim that you own the copyright. We may not comply with requests to remove an image if you cannot prove that you own the copyright in the image in question.
  • Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  • Sign the document and email it to hello@amysboyd.com.
  • You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid and we will have no obligation to respond or acknowledge receipt of your notice. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any Material on our Website infringes your copyrights.

BASICALLY,

If you think we have infringed on your copyrights, please send us an email at hello@amysboyd.com with the requested items (see bullet points to the left). If you don’t abide by our DMCA notice requirements, we may ignore your request with impunity.

CHANGES TO THE WEBSITE:

We may update the Content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the Material on the Website may be out of date at any given time, and we are under no obligation to update such Material.

BASICALLY,

Some Content on our Website may be incomplete or out of date. Rely on it at your own risk.

YOUR PERSONAL INFORMATION:

All information we collect on this Website is subject to our Privacy Policy [INSERT LINK TO SITE'S PRIVACY POLICY]. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

BASICALLY,

Please check out our Privacy Policy if you would like to know how your personal information will be treated.

LINKS TO OTHER WEBSITES:

The Website contains links to other websites of third parties. These links are provided for your convenience only. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and you are subject to the terms and conditions of use for such websites.

BASICALLY,

We are not responsible for the content of other websites that we link to.

GEOGRAPHIC RESTRICTIONS:

The owner of the Website is based in the state of Oregon in the United States of America. We provide this Website for use only by persons located in the United States, unless otherwise specifically indicated. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

BASICALLY,

We operate in the US and abide by US laws. We cannot make any representations as to whether your connection from outside the US will be legal/appropriate or not.

DISCLAIMER OF WARRANTIES:

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our Website for any reconstruction of any lost data. No data transmission over the Internet can be guaranteed to be 100% safe. Thus, we cannot warrant that your information will be absolutely secure. The Company has a variety of safeguards – technical, administrative, and physical – in place to help protect against unauthorized access to, use, or disclosure of User information. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE FEDERAL OR STATE LAW.

BASICALLY,

Here’s the big one - the clause that looks like it’s shouting at you. Essentially, the internet is inherently susceptible to viruses and security breaches and, because we understand this, we want to minimize our risk as much as possible (wouldn’t you?). We will, of course, take all reasonable safety precautions to ensure that your data is safe and that our Website is safe to use. However, you understand that our Website is provided as is, without any warranties from us that it will necessarily be safe or free from viruses.

INDEMNIFICATION:

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's Content, Services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

BASICALLY,

You agree to indemnify us if we experience any loss due to your breach of these Terms of Use.

GOVERNING LAW:

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Oregon, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Oregon, in each case located in the City of Portland, and County of Multnomah, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country or county of residence, or any other relevant country or county. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

BASICALLY,

All legal action relating to this Website must be brought by you in Oregon State Court in the City of Portland, Multnomah County. However, we reserve the right to bring a lawsuit in the country or county in which you reside. You also explicitly agree to the Oregon court’s jurisdiction over you.

LIMITATION ON TIME TO FILE CLAIMS:

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

BASICALLY,

You must bring disputes or claims within a year of discovering them, after which you are barred from bringing that claim/dispute.

WAIVER AND SEVERABILITY:

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

BASICALLY,

If we decide to waive enforcement of one of the clauses in these Terms of Use, that will not constitute a continuing waiver of that clause or the Terms as a whole. If any particular clause is invalidated, the rest of the clauses will remain in full effect.

ENTIRE AGREEMENT:

These Terms of Use and our Privacy Policy. constitute the sole and entire agreement between you and us with respect to the Website and Services provided, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

BASICALLY,

All of your interactions with us and our Website are governed by these Terms of Use and our Privacy Policy. Nothing we have said outside of these documents is binding or applicable.

CHANGES TO THE TERMS OF USE:

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you. A printed version of these Terms of Service and of any notices given to you in electronic form or otherwise shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

BASICALLY,

Things change all the time, and so might our Terms of Use. Each time you connect to our Website you agree to be bound by whatever version of the Terms of Use is currently adopted. Changes to dispute resolution procedures will not be retroactive, so if you have a dispute with us, and have notified us of this dispute, your dispute will be handled under the terms as they existed when you informed us of the dispute.

YOUR COMMENTS AND CONCERNS:

This Website is operated Amy Boyd LLC.

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to hello@amysboyd.com.